Legal analysis
Since the contract was established when both parties signed or sealed it, the United Nations Commission on International Trade Law adopted the Model Law on Electronic Commerce, pointing out that the legal effect, validity and enforceability of digital information should not be denied just because it can be used as a written document. The traditional electronic contract may not have a formal written text. At this time, the so-called signature and seal will have a new concept and method, which is electronic signature. With the solution of the technical problems of electronic signature confirmation, it is necessary to confirm its effectiveness through legal recognition. At present, e-commerce certification centers are generally established in the world to prove and identify the authenticity of electronic documents. According to relevant laws and regulations, the definition of signature has been expanded to include electronic signature. Nowadays, electronic contracts are used more and more frequently in economic exchanges, which also highlights its importance. As for the effectiveness of electronic contracts, as long as they are signed within the scope of relevant laws, such as relevant laws, then electronic contracts have legal effect, which will protect the interests of all parties and restrain their actions.
legal ground
Article 469 of the Civil Code of People's Republic of China (PRC) * * * The parties may conclude a contract in writing, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.
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